Have You Been Wrongly Imprisoned? Then it is Time to Contact an Attorney

Have You Been Wrongly Imprisoned? Then it is Time to Contact an Attorney

Habeas corpus is one of the most important safeguards we are afforded in the United States Constitution and the California Constitution. While only applied in very specific situations, habeas corpus can help certain people obtain freedom if they have been wrongfully imprisoned. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 if you believe you have a case to make.

You Must Meet Very Specific Qualifications to Be Eligible for Habeas Corpus

This is considered to be an extraordinary remedy that only applies to very specific situations. In order to be eligible, you must be in custody. This does not mean that you have to necessarily be incarcerated, as “in custody” applies to any situation in which the government is impeding your freedom of movement. For example, if you have been released on bail or if you are on parole or probation, you are still considered “in custody” even though you are not incarcerated.

Next, you must have gone through every possible option in the appeals process. Habeas corpus is meant to be the last resort that is used only after all possible appeals have been filed, or if the deadline for appeals has passed and new evidence or grounds for challenging the conviction have been uncovered.

Finally, you must have valid grounds for a writ of habeas corpus. This would include being convicted under a law that is unconstitutional, having no lawyer or a lawyer who was incompetent, misconduct by the prosecutor during the trial, not having been competent when you stood trial, changes to the laws that render the crime you are incarcerated for no longer illegal, not having had evidence regarding battered women’s syndrome introduced at your trial, or the discovery of new evidence that proves innocent or disproves the case against you.

What to Do if You Believe You Have a Case

It is very rare that a person gains their freedom due to habeas corpus but it does happen. Even if you end up not qualifying, it is worth it to contact Chambers Law Firm for a case evaluation. There may be other appeal options you are not aware of, or there could be ways to end probation or parole early. Once you are free, we can consider expungement options that remove the conviction from your criminal record.

It is always worth it to talk to a criminal defense attorney who can fight for your rights. At Chambers Law Firm we are standing by to consider your case and find options for you. When you reach out to us at 714-760-4088 we will start with a free case evaluation. After gathering information from you, we will have a better idea of what your options are. Your freedom is at stake – do not hesitate to call us.

.
Call Us Today